Okla. Stat. tit. 59 § 1301

Current through Laws 2024, c. 453.

Section 1301 - Definitions

A. Sections 1301 through 1341 of this title shall only apply to the regulation of bail bonds for crimes, the punishment of which may be in excess of Twenty Dollars ($20.00) fine or twenty (20) days in jail, or both such fine and imprisonment.

B. As used in Sections 1301 through 1341 of this title:

1. "Commissioner" means the Insurance Commissioner of the State of Oklahoma;

2. "Clerk" means the district or municipal court clerk;

3. "Insurer" means any domestic, foreign or alien surety company which has qualified generally to transact surety business and specifically to transact bail bond business in this state and any professional bondsman or multicounty agent bondsman;

4. "Bail bondsman" means a surety bondsman, professional bondsman, multicounty agent bondsman, property bondsman, or a cash bondsman as hereinafter defined;

5. "Surety bondsman" means any person who has been approved by the Commissioner and appointed by an insurer by power of attorney to execute or countersign bail bonds for the insurer in connection with judicial proceedings and charges and receives money for his or her services;

6. "Managing general agent" (M.G.A.) means any person acting in the capacity of supervisor or manager over a licensed bondsman, who has been granted the authority or responsibility by an insurer to conduct surety business on its behalf, and to oversee the activities and conduct of the appointed licensed bondsman agents of the insurer, and who generally functions as an intermediate manager between the insurer and its licensed bondsman agents. A managing general agent fulfilling these functions shall be a natural person, shall meet the qualifications of paragraph 5 of this subsection and shall be licensed as a bondsman;

7. "Professional bondsman" means any person who has been approved by the Commissioner and who pledges cash as security for a bail bond in connection with a judicial proceeding and charges and receives money for his or her services;

8. "Property bondsman" means any person who has been approved by the Commissioner and who pledges real property as security for a bail bond in a judicial proceeding and charges and receives money for his or her services;

9. "Cash bondsman" means any person who has been approved by the Commissioner and who deposits cash money as security for a bail bond in a judicial proceeding and charges and receives money for his or her services;

10. "Escrow deposit" means cash or valuable security deposited by an insurer to secure the face amount of forfeiture pending appeal;

11. "Solicitation" means to ask for earnestly, seek to obtain by persuasion or entreaty, implore, beseech, tempt or entice a person directly or through another person by personal, mechanical, printed or published means to purchase a bail bond. Solicitation shall not include mass communication advertising, which shall include, but not be limited to, television, newspapers, magazines and billboards;

12. "Bond" means an appearance bond for a specified monetary amount which is executed by the defendant and a licensed bondsman pursuant to the provisions of Section 1301 et seq. of this title and which is issued to a court clerk as security for the subsequent court appearance of the defendant upon release from actual custody pending the appearance; and

13. "Multicounty agent bondsman" means a professional bondsman who has been approved by the Commissioner and who otherwise complies with the provisions of Section 1306.1 of this title.

Okla. Stat. tit. 59, § 1301

Amended by Laws 2016 , c. 203, s. 1, eff. 11/1/2016.

Amended by Laws 2014 , c. 53, s. 1, eff. 4/16/2014.

Laws 1965, c. 184, § 1, eff. 1/1/1966; Laws 1984, c. 225, § 1, emerg. eff. 5/23/1984; Laws 1987, c. 211, § 3, eff. 11/1/1987; Laws 1989, c. 348, §23, eff. 11/1/1989; Laws 1990, c. 195, § 3, emerg. eff. 5/10/1990; Laws 1992, c. 98, § 2, eff. 9/1/1992; Laws 1993, c. 170, § 1, eff. 9/1/1993.